Class action alleges Mucinex, Alka-Seltzer ineffective following FDA determination

Mucinex, Alka-Seltzer class action lawsuit overview: 

• Who: Harold Nyanjom filed a class action lawsuit against Reckitt Benckiser Pharmaceuticals Inc., Reckitt Benckiser LLC and Bayer Corp. 
• Why: Nyanom claims Reckitt Benckiser and Bayer misleadingly marketed the effectiveness of their Mucinex and Alka-Seltzer drugs, respectively, on account of them containing phenylephrine.
• Where: The class action lawsuit was filed in Kansas federal court.

The makers of Mucinex and Alka-Seltzer misled consumers by marketing that the drugs were effective treatments — including for nasal congestion — due to them containing phenylephrine,  a new class action lawsuit alleges. 

Plaintiff Harold Nyanjom claims a U.S. Food and Drug Administration (FDA) advisory panel unanimously voted earlier this month that phenylephrine is not effective at treating nasal congestion. 

Nyanjom argues Reckitt Benckiser Pharmaceuticals and Bayer Corp. — which make Mucinex and Alka Seltzer, respectively — were thus falsely advertising that the drugs were properly branded and effective.

“These represents were false and deceptive, as Defendants’ (phenylephrine) Drugs were not effective for treating all the indications identified and/or were misbranded,” the Mucinex class action states. 

Nyanjom wants to represent a nationwide class and Kansas subclass of consumers who have purchased Mucinex or Alka Seltzer drugs containing phenylephrine. 

Reckitt Benckiser, Bayer ‘willfully ignored’ knowledge about phenylephrine, class action says

Nyanjom claims Reckitt Benckiser and Bayer “willfully ignored scientific and industry knowledge” surrounding the effectiveness of phenylephrine at treating indications identified, in addition to allegedly performing an inadequate amount of testing on them. 

“Thus, Defendants’ (phenylephrine) drugs are non-merchantable, not fit for ordinary purpose, and are not effective for treating the indications identified, and were misbranded as a result,” the Alka Seltzer class action states. 

Nyanjom claims Reckitt Benckiser and Bayer are guilty of negligence, negligence per se, unjust enrichment, and fraud, among other things, and of violating state consumer protection laws and the Magnuson-Moss Warranty Act. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of all damages, exemplary or punitive, for himself and all class members. 

A similar class action lawsuit was filed against Johnson & Johnson earlier this month by a consumer arguing that it falsely advertises that its Sudafed nasal congestion medication with phenylephrine is effective at treating sinus issues. 

Have you purchased Mucinex or Alka-Seltzer containing phenylephrine? Let us know in the comments! 

The plaintiff is represented by Stacy A. Burrows and Seth K. Jones of Barton & Burrows LLC. 

The Mucinex and Alka-Seltzer class action lawsuit is Nyanjom v. Reckitt Benckiser Pharmaceuticals Inc., et al., Case No. 2:23-cv-02426, in the U.S. District Court for the District of Kansas.

Read About More Class Action Lawsuits & Class Action Settlements:

• Lotrimin, Tinactin spray products contain high levels of benzene, class action claims
• Judge OKs $75M Sun, Taro Pharma generic drug price-fixing settlement
• P&G class action claims Vicks PE products ineffective following FDA report
• Companies face lawsuits over drug products; FDA approves OTC Narcan, infant RSV vaccine